Research On The Mechanism Of Diversification Of Tourism Disputes

With the improvement of people's living standards,tourism becomes the spiritual enjoyment that more and more people pursue.The growth of tourism consumption demand has promoted the sustained and rapid development of China's tourism economy.As a tourism province,Yunnan tourism is a pillar industry in many places,which has a great impact on local economic development.However,as a tourist destination,various tourism disputes have been exposed by the media,such as forced shopping,tourists being beaten and other bad events.As a whole,the number of cases of tourism disputes is on the rise,and the problems are mainly focused on the providers of tourism services.In practice,there was no explosion in the "Brigades" cases accepted by the court.However,due to the imperfect mechanism of resolving tourism disputes and the concern of network public opinion,the cases of tourism disputes appear sudden,spread widely and have a wide influence.The negative impact of tourism disputes on local economic development should not be underestimated.In order to effectively resolve the contradictions and disputes in the process of tourism,the judicial organs play the role of resolving disputes and providing strong judicial protection for the economic and social development.The Supreme people's Court and the National Tourism Administration jointly issued a circular requesting local courts to strengthen the work of court building and touring trials in areas where tourists are relatively concentrated,such as tourist attractions.According to the actual situation in various places,the judicial and judicial power should be reasonably allocated,and the tourist dispatch court should be set up,or the touring trial spot should be set up in the tourist scenic area,so as to do a good job in the trial of related cases and the resolution of disputes.In this context,Lijiang City,Yunnan Province,took the lead in setting up the country's first special tourism court in September 2016.Up to now,Yunnan has listed a special tourism court,23 tourism courts and 10 touring trial points.The promulgation of Tourism Law provides a legal basis for the settlement of tourism disputes.However,due to the complexity of tourism legal relationship,the occurrence of tourism disputes has its own characteristics,which can not be completely resolved by litigation alone.Complaint,negotiation,settlement and other non-litigation methods play an important role in resolving tourism disputes.Litigation serves as the last line of defence for resolving tourism disputes,How to play the role of judicial guidance,promotion and protection,how to rationally allocate the dispute resolution resources,how to improve the organic connection between litigation and non-litigation dispute resolution,how to coordinate with each other,and how to construct a diversified settlement mechanism of tourism disputes.It is a problem worth studying.The purpose of this paper is to investigate the practical experience of the Shuhe Court,to sort out the mechanism of litigation and non-litigation settlement of tourism disputes from the perspective of the Tourism Court,and to find out the existing problems and shortcomings.The author puts forward some suggestions and suggestions on how to construct a diversified mechanism for resolving tourism disputes.In order to provide a footnote to the exploration and practice of diversified dispute resolution mechanism in the field of tourism under the background of judicial reform.